FOSTER, Circuit Judge.
This is an appeal by the marshal from a judgment, entered on October 27, 1934, discharging a prisoner from his custody on a writ of habeas corpus. The record is not as satisfactory as it might be, but the following facts sufficiently appear:
Petitioner pleaded guilty to an indictment returned in the Middle District of Tennessee, which in five counts charged various violations of the National Prohibition Act, 27 U.S.C.A. § 1 et seq...
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